BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 678|
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THIRD READING
Bill No: SB 678
Author: Leno (D) and Benoit (R), wt al
Amended: 4/16/09
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/28/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/11/09
AYES: Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,
Leno, Oropeza, Wolk
NO VOTE RECORDED: Runner, Walters, Wyland, Yee
SUBJECT : Probation: performance-based funding for
felony probation
supervison
SOURCE : Chief Probation Officers of California
DIGEST : This bill enacts the California Community
Corrections Performance Incentive Act of 2009, which
establishes a system of performance-based funding to
support evidence-based practices relating to the
supervision of adult felony probationers. The bill
provides a formula-based system for sharing state savings
with probation for purposes of improved supervision of
felony probationers when those savings are achieved as a
result of reduced prison admissions attributable to
improved felony probation outcomes, as specified.
CONTINUED
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ANALYSIS :
Existing law generally authorizes courts to grant probation
to persons convicted of crimes, except as specified. (See
Penal Code Section 1203 et seq.)
Existing law provides for the offices of adult probation
officer, assistant adult probation officer, and deputy
adult probation officer. (Penal Code Sections 1203.5;
1203.6; Code of Civil Procedure Section 131.3 et seq.)
"Except where a separate office of adult probation officer
has been created by local charter, probation officers,
assistant probation officers, and deputy probation officers
appointed under the Juvenile Court Law are ex officio adult
probation officers, assistant adult probation officers, and
deputy adult probation officers." (3 Witkin California
Criminal Law Punishment Section 503 (some citations
omitted); Penal Code Section 1203.5.)
This bill enacts the "California Community Corrections
Performance Incentive Act of 2009," with the following
features and requirements:
Local "Community Corrections Performance Incentive Fund" :
This bill authorizes any county to establish in each county
treasury a "Community Corrections Performance Incentive
Fund" ("CCPIF") to receive all amounts allocated to that
county for purposes of implementing the provisions of this
bill, as specified.
This bill requires that moneys in a CCPIF be allocated to
the chief probation officer in his/her capacity as head of
the county probation department responsible for supervising
adult felony probationers to implement the community
corrections program authorized by this bill.
Use of Funds
This bill requires that funds allocated to probation
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pursuant to its provisions be "used to provide supervision
and rehabilitative services for adult felony offenders
subject to probation, and shall be spent on evidence-based
community corrections practices and programs, which may
include, but are not limited to, the following:
1. Implementing and expanding evidence-based risk and needs
assessments.
2. Implementing and expanding intermediate sanctions that
include, but are not limited to, electronic monitoring,
mandatory community service, home detention, day
reporting, restorative justice programs, work furlough
programs, and incarceration in county jail for up to 90
days.
3. Providing more intensive probation supervision.
4. Expanding the availability of evidence-based
rehabilitation programs including, but not limited to,
drug and alcohol treatment, mental health treatment,
anger management, cognitive behavior programs, and job
training and employment services.
5. Evaluating the effectiveness of rehabilitation and
supervision programs and ensuring program fidelity."
This bill authorizes the chief probation officer to "spend
funds on any of the above practices and programs consistent
with this act but, at a minimum, shall devote at least five
percent of all funding received to expanding the
availability of rehabilitation programs and evaluating the
effectiveness of those programs."
This bill authorizes a chief probation officer to "petition
the Administrative Office of the Courts to have this
restriction waived, and the Administrative Office of the
Courts shall have the authority to grant such a petition,
if there is already sufficient availability of
evidence-based programs for adult probationers in that
jurisdiction."
Local "Community Corrections Partnership"
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This bill requires that the community corrections program
funded by its provisions be developed and implemented by
probation and advised by a local "Community Corrections
Partnership" chaired by the chief probation officer and
comprised of the following membership:
1. The presiding judge of the superior court, or his/her
designee.
2. The chief administrative officer for the county.
3. The district attorney.
4. The public defender.
5. The sheriff.
6. A chief of police.
7. The head of the county department of social services.
8. The head of the county department of mental health.
9. The head of the county department of employment.
10.The head of the county alcohol and substance abuse
programs.
11.The head of the county office of education.
12.A representative from a community-based organization
with experience in successfully providing rehabilitative
services to persons who have been convicted of a
criminal offense.
Local Administrative and Reporting Requirements for the
Funds
This bill requires probation departments receiving these
funds to "maintain a complete and accurate accounting of
all funds received," as specified.
This bill requires community corrections programs funded
pursuant to its provisions to "identify and track specific
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outcome-based measures consistent with the goals of this
act."
This bill requires the Administrative Office of the Courts,
in consultation with the Chief Probation Officers of
California, to "specify and define minimum required
outcome-based measures, which shall include, but not be
limited to, all of the following:
1. The percentage of persons on felony probation who are
being supervised in accordance with evidence-based
practices.
2. The percentage of state moneys expended for programs
that are evidence-based, and a descriptive list of all
programs that are evidence-based.
3. Specification of supervision policies, procedures,
programs, and practices that were eliminated.
4. The percentage of persons on felony probation who
successfully complete the period of probation."
This bill requires each probation department receiving
funding pursuant to this bill to "provide an annual written
report to the Administrative Office of the Courts
evaluating the effectiveness of the community corrections
program, including, but not limited to, the data described
(above)."
State Administrative and Reporting Requirements
This bill requires that, "(c)ommencing no later than 18
months following the initial receipt of funding pursuant to
this act and annually thereafter, the Administrative Office
of the Courts, in consultation with the Department of
Corrections and Rehabilitation ("CDCR"), the Department of
Finance and the Chief Probation Officers of California,
shall submit to the Governor and the Legislature a
comprehensive report on the implementation of this act.
The report shall include, but not be limited to, all of the
following information:
1. The effectiveness of the community corrections program
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based on the reports of performance-based outcome
measures required (by this bill).
2. The percentage of felony probationers whose probation
was revoked for the year on which the report is being
made.
3. The percentage of felony probationers who were convicted
of crimes during their term of probation for the year on
which the report is being made.
4. The impact of the moneys appropriated pursuant to this
act to enhance public safety by reducing the percentage
and number of felony probationers whose probation was
revoked for the year being reported on for probation
violations or new convictions, and to reduce the number
of felony probationers who are sent to prison for the
year on which the report is being made.
5. Any recommendations regarding resource allocations or
additional collaboration with other state, regional,
federal, or local entities, or other for improvements to
this act."
Funding; Administration by the Administrative Offices of
the Courts
This bill provides funding for the program described by
this bill through the following formula and process:
Appropriation Based on Calculated Savings
This bill provides that the Legislature shall annually
appropriate to the Administrative Office of the Courts 50
percent of the cost savings calculated pursuant to the
formula described below, to be deposited into the CCPIF of
each county as follows:
1. Twenty percent of the state's savings attributable to
that county, divided by 50 percent, as specified, where
the county's felony probation revocation rate for that
year is less than the baseline felony probation
revocation rate, as specified.
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2. Forty percent of the state's savings attributable to the
county, divided by 50 percent, as specified, where the
county's felony probation revocation rate for that year
is at least five percent less than the baseline felony
probation revocation rate, as specified.
3. One hundred percent of the state's savings attributable
to the county, divided by 50 percent, as specified,
where the county's felony probation revocation rate for
that year is at least 10 percent less than the baseline
felony probation revocation rate, as specified.
Baseline Calculation
This bill requires the Director of Finance, in consultation
with CDCR, the Joint Legislative Budget Committee, and the
Administrative Office of the Courts, to calculate a
baseline felony probation revocation rate for each county
based on the average number of felony probationers who
entered state prison from that county for the fiscal years
2006-07, 2007-08, and 2008-09 as a result of a probation
revocation or conviction for a new offense while on
probation.
Annual Calculation of State Savings
This bill requires, for the 2009-10 fiscal year, and each
fiscal year thereafter, the Director of Finance, in
consultation with CDCR, the Joint Legislative Budget
Committee, and the Administrative Office of the Courts, to
"calculate costs to CDCR that have been avoided, including
costs associated with incarceration, community supervision,
and parole revocations and revocation proceedings, due to
reductions, calculated for each county and statewide, in
the percentage of people on supervised felony probation
whose probation is revoked and who are sentenced to serve a
term of imprisonment in state prison, or who while on
supervised probation are admitted to state prison after a
conviction for a new offense, based on all of the
following:
1. The felony probation revocation rate for each county
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based on the number of felony probationers who entered
state prison from that county as a result of revocation
of probation.
2. The felony probation revocation rate for each county
based on the number of felony probationers who entered
state prison from that county as a result of a
conviction of a new felony while on probation.
Miscellaneous Funding Provisions
This bill requires that the moneys it appropriates be used
to supplement, not supplant, any other state or county
appropriation for the chief probation officer or the
probation department.
This bill appropriates up to three percent of monies
appropriated to the Administrative Office of the Courts for
the costs of administering this program, as specified.
This bill provides that, with respect to any funds
remaining in the CCPIF not allocated as specified, amounts
from those unused remaining funds may be awarded to chief
probation officers for counties that have achieved no
reduction in the baseline set for their county as follows:
1. Grants shall be competitive, based on grant applications
which demonstrate the applicant's ability to apply
awarded funding as specified.
2. Awards shall be limited to the following purposes:
A. Assessing the county's current community
corrections practices and programs.
B. Identifying any deficiencies in those practices
and programs which may be the basis for the
county's felony probation revocation rate.
C. Implementing evidence-based community
corrections strategies authorized by this act.
3. Awards shall be awarded to one county for no more than
two fiscal years.
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4. Awards shall not exceed 10 percent of a county's maximum
allocation as specified.
5. The monies appropriated shall be used to supplement, not
supplant, any other state or county appropriation for
the chief probation officer or the probation department.
This bill provides that funds unexpended by county
probation departments at the end of the fiscal year in
which they are awarded may, with the approval of the
Administrative Office of the Courts, be carried over into
the next fiscal year if such funds constitute no more than
10 percent of the total funding. This bill provides that
unexpended funds in excess of 10 percent of the total
funding awarded, or funds not approved by the
Administrative Office of the Courts to be carried over into
the next fiscal year, shall be returned to the CCPIF for
purposes consistent with this section.
This bill specifies that moneys received through
appropriations pursuant to its provisions shall be used for
purposes described above.
This bill provides that, notwithstanding any other
provision, none of the calculated savings shall be
appropriated to any CCPIF where there is no reduction under
the baseline, as specified.
Definitions
This bill establishes the following definitions for
purposes of its provisions:
1. "Community corrections" means the placement of persons
convicted of a felony offense under probation
supervision, with conditions imposed by a court for a
specified period.
2. "Chief probation officer" means the chief probation
officer for the county or city and county in which an
adult offender is subject to probation for the
conviction of a felony offense.
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3. "Community Corrections Program" means a program
established pursuant to this act consisting of a system
of felony probation supervision services dedicated to
all of the following goals:
A. Enhancing public safety through the management
and reduction of offender risk while under felony
probation supervision and upon reentry from jail
into the community.
B. Providing a range of probation supervision
tools, sanctions, and services applied to felony
probationers based on a risk/needs assessment for
the purpose of reducing criminal conduct and
promoting behavioral change that results in
reducing recidivism and promoting the successful
reintegration of offenders into the community.
C. Maximizing offender restitution, reconciliation,
and restorative services to victims of crime.
D. Holding offenders accountable for their criminal
behaviors and for successful compliance with
applicable court orders and conditions of
supervision.
E. Improving public safety outcomes for persons
placed on probation for a felony offense, as
measured by their successful completion of
probation and commensurate reduction in the rate of
felony probationers sent to prison as a result of a
probation revocation or conviction of a new crime.
3. "Evidence-based practices" refers to supervision
policies, procedures, programs and practices
demonstrated by scientific research to reduce recidivism
among individuals under probation, parole, or
post-release supervision.
Legislative Findings
This bill makes specified legislative findings and
declarations.
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FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
AOC program development
and start up $212 Reimbursed
in same fiscal year
from CCIFs
Ongoing program costs $290
$500 $500 General*
*AOC will receive and appropriation of up to three percent
of the calculated General Fund savings. The programs are
funded by their savings to the General Fund, and AOC will
receive a portion for administering the funds and program.
SUPPORT : (Verified 5/12/09)
Chief Probation Officers of California (source)
American Federation of State, County and Municipal
Employees, Local 685
Association for Los Angeles Deputy Sheriffs
Friends Committee on Legislation
Little Hoover Commission
Los Angeles Probation Officers' Union
Riverside Sheriffs' Association
San Diego County District Attorney's Office
ARGUMENTS IN SUPPORT : The author's office state, adult
probation is a ticking time bomb waiting to go off.
Currently, there are large numbers, 200,000 or more of
adult felons on probation. Forty percent of new admissions
to state prison are offenders who have been sent to prison
because they failed on felony probation. That means forty
percent of those headed to prison for new crimes were under
community supervision, but because probation is so sorely
under-resourced very little can be done to stop their cycle
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of offending. Many of these lower level offenders are
prime candidates for intensive intervention practices that
can be very successful at ending the cycle of offending,
saving tax dollars, preventing further victimization and
making our communities safer.
This bill is designed to reduce the felony probation
failure rate by investing in probation and achieving
three key goals: (1) this bill
reduces crime in California's communities through a
community corrections strategy focused on increasing
the supervision and management of felony offenders on
probation; (2) this bill
reduces prison overcrowding, not by early release but
by decreasing the criminal activity of those already
on felony probation. The bill actually makes
offenders more accountable for their actions by
providing better supervision, monitoring and
intermediate sanctions that will change their
behavior. By improving the public safety outcomes for
adult felons who now are failing felony probation,
this bill will stem the tide of those going to prison
by de-escalating their criminal behavior; (3) this
bill establishes sustainable funding for enhanced
adult felony probation through performance incentive
funding. As felony probation supervision and
management improves, measured by reductions in felony
probationers who are committing crimes or failing
probation conditions, communities experience less
crime and the state saves money. Under performance
incentive funding, a portion of these state savings
are shared with probation for further adult probation
services.
Funding for this program is based on improved public
safety outcomes for persons on felony probation.
State savings will accrue from reduced prison
admissions attributable to improved felony probation
supervision and management resulting in less crime.
Funding will support evidence-based probation
practices and programs, including improved supervision
and monitoring, that decrease crime by changing
criminal behavior while on probation. This bill, once
implemented, will mean sustainable funding for
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probation and community corrections programs, stable
reductions in crime among felony probationers, and a
decline in prison commitments as a result of improved
public safety at the local level.
RJG:do 5/18/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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